Posts Tagged ‘Range Resources’

Court ruling affirms communities’ ability to limit natural gas drilling

By Elizabeth Skrapits (Staff Writer)
Published: August 23, 2010

DALLAS TWP. – Would local officials be powerless to stop a natural gas company from drilling a natural gas well in the middle of a housing development?

Not according to a new state court ruling, which affirms the right of municipal and county officials to limit natural gas drilling to certain districts, such as agricultural, mining or manufacturing, and out of residential neighborhoods.

“Gas drilling is here to stay, and it affects the Back Mountain region very extensively.” Attorney Jeffrey Malak told members of the Back Mountain Community Partnership as he outlined the new court decision.

Thousands of acres in the Back Mountain have been leased by natural gas companies, and Encana Oil & Gas USA Inc. is drilling the second of two exploratory natural gas wells in Lake Township.

Traditionally, local officials have limited say when it comes to natural gas drilling. Technical aspects, such as what kind of materials to use and how the well is drilled, are governed by the state Oil and Gas Act. But local officials are gaining more and more say in where wells can be drilled.

Two previous cases, Huntley & Huntley v. Oakmont Borough and Range Resources v. Salem Township (Westmoreland County) set precedents allowing local officials some leeway in regulating where natural gas companies can drill.

A third, Penneco Oil Co. Inc. v. the County of Fayette, decided in Commonwealth Court on July 22, determined the state Oil & Gas Act does not trump local zoning ordinances, and that local officials can take steps to protect the residential character of neighborhoods.

In the case, Penneco, Range Resources Appalachia LLC and the Independent Oil and Gas Association of Pennsylvania took Fayette County Office of Planning, Zoning and Community Development to court, saying they did not have to follow the county’s zoning ordinance because the state Oil and Gas Act made it invalid. The court ruled in favor of the county.

“This opens up the floodgates and says municipal zoning is not pre-empted,” Malak said.

The Penneco case allows that gas wells cannot be located within the flight path of an airport runway; that they must be at least 200 feet from a residential dwelling; and that officials can require fencing and shrubs around the well site. It also allows zoning hearing boards to impose any other provisions to protect the health, safety and welfare of residents.

Whether the Penneco case will be appealed is anybody’s guess, but it’s the law unless the state Supreme Court changes it, Malak said.

Dallas Borough already has some of the provisions in its zoning ordinance, Malak said. In Jackson Township, where he also serves as solicitor, the supervisors will put similar provisions in the zoning ordinance when it is drafted over the next couple of months, Malak said.

Dallas Township Supervisor Chairman Phil Walter asked Malak if there was a way to protect a municipality against fly-by-night operators who will leave when something goes wrong.

The case does allow for bonds, even large ones, to be put in place to protect the health, safety and welfare of residents, Malak said.

Kingston Township Supervisor Jeffrey Box asked if local officials can require a land development plan from natural gas companies. Malak said they could, and they can require special exceptions, meaning there has to be a hearing in front of the zoning hearing board to grant permission and to impose any standard planning and zoning fees.

But, he said, there are still aspects of natural gas drilling that will have to be decided in court, such as whether there can be restrictions on hours drillers can operate and whether they can be barred from using roads at certain times.

eskrapits@citizensvoice.com , 570-821-2072

View article here.

Copyright:  The Citizens Voice

MSC Announces David Callahan as Coalition’s New Vice President

Callahan brings more than a decade of energy experience to the job, lauded by MSC chairman and president as a “key collaborator” in engaging elected officials and partners

CANONSBURG, Pa. – As Marcellus Shale employers continue to work with policymakers on a comprehensive framework for taking full advantage of the myriad opportunities that natural gas exploration make possible, the Marcellus Shale Coalition (MSC) today announced the addition of a key member to its staff who will be among those serving on the frontlines of that critical and ongoing effort.

Starting this week, David Callahan will serve as MSC’s vice president, a position dually based in Harrisburg and Canonsburg, Pa., but one that will take Mr. Callahan all across the multistate Marcellus region. A native Pennsylvanian, Mr. Callahan has 20 years of experience in the field of government relations, a majority spent representing a number of energy interests, including the Pennsylvania Gas Association (now the Energy Association of Pennsylvania) and the Associated Petroleum Industries of Pennsylvania.

“The safe and steady development of natural gas from the Marcellus Shale represents a once-in-a-lifetime opportunity for shared prosperity across the entire Marcellus,” said Kathryn Klaber, president and executive director of the MSC. “But that vision of the future that will only be realized through engagement and cooperation with policymakers and elected leaders in the region. David’s experience working collaboratively with legislators and regulators alike will serve our members well, and ultimately benefit everyone by advancing a strategy that generates jobs and revenues in the short-term, and the promise of long-term energy security and affordability beyond that.”

“The industry continues to create tens of thousands of jobs each and every year all across the multistate Marcellus region, our membership has continued to expand as well – and so has our strength and expertise,” said Ray Walker, Jr., chairman of the MSC and a senior vice-president for Range Resources. “The addition of David to the growing MSC staff represents a key step forward for this Coalition, and an important resource in our campaign to educate the public about the historic opportunities of the Marcellus, while educating policymakers on the imperative of keeping the Marcellus ahead of the competition curve in the ongoing and aggressive race for talent, equipment and investment.”

Mr. Callahan, currently a resident of Mechanicsburg, Pa., earned his undergraduate degree from Indiana University of Pennsylvania, and his master’s from Syracuse University’s Maxwell School of Citizenship and Public Affairs.

Copyright: Marcelluscoalition.org

Lawmaker delivers rebuttal

Elected official who held hearing in area last week on natural gas drilling says he was responding to pro-energy group attack.

By Steve Mocarskysmocarsky@timesleader.com
Staff Writer

A state representative says he was unfairly attacked in a press release by a pro-energy group after holding a public hearing in the Back Mountain last week.

State Rep. Camille “Bud” George, majority chair of the House Environmental Resources and Energy Committee, issued a rebuttal Friday, saying that “money and misinformation are the hallmarks of a gas industry attack titled, ‘Rep. George’s Fact-Free Fact-Finding Mission.’”

Energy In Depth sent the press release to media outlets on Thursday, a day after George convened a committee hearing at 1 p.m. in the Lehman Township Municipal Building to hear testimony on the impact of Marcellus Shale drilling and proposed legislation that would put more environmental safeguards in place.

State Rep. Phyllis Mundy, D-Kingston, invited George to have a hearing in her district, where EnCana Gas & Oil USA plans to drill the first natural gas exploratory well in Luzerne County in May or June. The well will be drilled in Lehman Township.

Area residents and lawmakers are concerned for many reasons, including the fact that the drill site would be less than two miles from the Huntsville and Ceaseville reservoirs, which supply drinking water to nearly 100,000 area residents.

Energy In Depth’s press release classified the hearing as a “pep rally staged by anti-energy activists and like-minded public officials in Northeast Pennsylvania.”

“Characterized as a ‘field hearing’ by … George, who held the event as far away as he could from his home in Clearfield County, the forum included representatives from the Sierra Club and Clean Water Action league, as well as testimony from a local podiatrist and someone describing himself as a ‘naturalopathic’ physician. The only thing missing? Anyone in possession of real, genuine facts related to responsible gas exploration in the Commonwealth,” the release stated.

In response, George said the most troubling aspect of “the attack by Energy In Depth, whose members include the Pennsylvania Independent Oil and Gas Association, is its slur of concerned lawmakers and citizens of Northeastern Pennsylvania as anti-energy activists.”

George noted that the committee had a hearing on Feb. 18 in Clearfield County, where the president of the Marcellus Shale Coalition and executives from some of the leading gas companies in Pennsylvania, including Range Resources and Chesapeake Energy, testified. He also participated two weeks ago in a House Democratic Policy Committee hearing in Ebensburg that included testimony from Chief Oil & Gas and Chesapeake. Ebensburg is in the Altoona area.

“The industry has not been an unwanted stranger at hearings,” George said.

Energy In Depth’s press release then listed quotes – pulled from a story in The Times Leader – of people who testified and rebutted them with quotes from gas industry representatives, a state Department of Environmental Protection fact sheet and Gov. Ed Rendell.

Energy In Depth pointed to testimony from Mundy in which she said she supports House Bill 2213 “which would among other things … require full disclosure of the chemicals used in hydraulic fracturing.”

The organization then pointed to a DEP fact sheet which states that drilling companies “must disclose the names of all chemicals to be used and stored at a drilling site … that must be submitted to DEP as part of the permit application process. These plans contain copies of material safety data sheets for all chemicals … This information is on file with DEP and available to landowners, local governments and emergency responders.”

But George said that “full disclosure of the chemicals – not just the trade names – and how they are used is not (now) required.”

“The precise chemical identities and concentrations and how and when they are employed can be crucial to emergency responders and remediation efforts after spills, and is at the crux of efforts to remove the infamous ‘Halliburton Loophole’ that exempts the industry from oversight by the Environmental Protection Agency,” George said.

“The gas industry can bloat campaign coffers with money, buy discredited and ridiculed studies and poison the debate by taking statements out of context. However, its ‘best management practices’ should never be taken at face value to be the best for Pennsylvania,” George said.

Steve Mocarsky, a Times leader staff writer, may be reached at 970-7311.

Copyright: Times Leader